Stamford Conservation Area in Lincolnshire became the first designated area of special architectural and historical interest in the country in 1967. Image courtesy of Historic England.
There is a common misconception that all building work in conservation areas needs planning permission. These places, safeguarded by local authorities to preserve historical character, impose strict limits on home improvements. Yet, some developments may bypass local planning rules. Understanding permitted development rights and local planning controls, known as article 4 directions, reveals what is feasible.
Permitted development rights are a national planning order that grants homeowners the freedom to undertake specific developments without seeking planning permission. These rights are exclusive to single dwelling houses. However, if you live in a flat or maisonette, planning permission is mandatory, even if your proposals align with permitted development guidelines. Additionally, these rights do not extend to listed buildings. Any work on listed buildings necessitates both planning permission and listed building consent.
Rights vary across the UK. In England, Technical Guidance on Permitted Development Rights for Householders states that the following can be built on Article 2(3) Land which covers conservation areas (non exhaustive):
Permitted development rights do not apply to two-storey extensions, roof dormers, roof extensions, or new cladding. Planning permission is necessary for these projects. It is important to note that even if your plans align with permitted development rights, compliance with technical guidance is essential for legal construction.
READ - Permitted development rules for house extensions
Conservation area applicable permitted development rights only apply if there is no article 4 direction on the land.
An article 4 direction is an order made by a local planning authority to restrict permitted development rights in a particular area or site anywhere within its boundary. It can also be used to limit a particular type of development.
Article 4 directions differ between various conservation areas and even within the same area. For instance, while window replacements might not require planning permission in one conservation area, they could be restricted in another. Similarly, permission might apply to houses on one side of a street but not the opposite side within the same area.
To find out if article 4 directions apply to your land, search the name of your local authority and conservation area followed by ‘Article 4’ where you will be then taken to the relevant planning page. From there you will be able to access information listing any restrictions.
Permitted development rights can also be influenced by planning approvals, which might restrict or eliminate these rights. Additionally, legal restrictions within the land's title can also impact these rights.
It is worth appointing a conveyancing solicitor to carry out a legal search if you think this could apply to you.
If there are no article 4 directions or any other planning or legal restrictions on your land limiting permitted development rights, then you can build the works listed above without planning permission.
For peace of mind and to avoid uncertainty, it is advisable you seek prior approval before committing to your building project. This involves submitting proposals to your local authority to confirm whether the development requires planning permission.
If it is determined that 'prior approval is not required,' you are free to proceed with your plans under permitted development rights. However, if 'prior approval is required,' then planning permission becomes necessary. After a successful prior approval application, obtaining a certificate of lawful development ensures that your design complies not only with the general principle of development but also with technical guidelines, offering additional reassurance.
Starting construction without ensuring the necessity of planning permission or compliance with permitted development rules might lead to receiving an enforcement order to demolish the completed works.
Entirely distinct from the planning process, when constructing an extension, you must submit a Building Control Application to either the council or an Approved Inspector. Furthermore, if your construction encroaches upon or is in close proximity to a public sewer, obtaining a build-over agreement from your regional water authority becomes necessary. Additionally, building near a neighbouring property might necessitate one or more Party Wall Agreements.
If you have any doubts, it is advisable to enlist the expertise of a construction professional, like a specialised residential architect, to assist you throughout the planning and construction phases of your project.
About the author: Aron Coates is an architect with over two decades of experience, encompassing projects ranging from the restoration of historic buildings to the design of contemporary homes.
The information provided in this article is intended for general guidance and educational purposes only. At Designs in Detail, we advise you appoint a skilled residential architect to provide specific expert advice for your project.
